The family of a firefighter killed in the line of duty more than three years ago are suing his bosses for £700,000, and want a jury to hear the case.
Ewan Williamson's mother and sisters claim that his watch manager "failed to exercise reasonable care" for his safety, alleging that several errors took place that night as firefighters tackled a pub blaze.
Mr Williamson was confused and suffering from heat exhaustion, having been given about 10 minutes to recover before being asked to re-enter the building, they claim.
The "failures" caused his death, the family says, and have raised a legal action against Lothian and Borders Fire and Rescue board at the Court of Session in Edinburgh. The allegations are denied by the board. It is contesting the action and maintains that the sums being sought are excessive.
Mr Williamson, of Blackthorn Court, Edinburgh, died on July 12 2009 as he fought a blaze at the Balmoral Bar in the city's Dalry Road. He was 35. It is the first firefighting death in the history of Lothian and Borders Fire and Rescue Service.
A short hearing to address the next steps to be taken in the case took place before a judge. Legal papers lodged with the court outline the claims put forward by the firefighter's mother Linda Williamson and sisters Rachel and Rebecca Williamson. They are each seeking £200,000 and the expenses of the action. A further £100,000 is being sought by Linda and Rebecca, as executrices of the firefighter's estate.
Firefighters were called to the scene at 12.38am that day and, around eight minutes later, two breathing apparatus teams, including Mr Williamson, were ordered into the building by watch commander (WC) Tim Foley, it is claimed. An emergency was said to have been declared at 1.34am when it appeared that Mr Williamson was trapped in toilets in the building.
It is alleged Mr Williamson earlier told the watch commander: "I'll be there in a minute boss, I think I'm stuck in a toilet." He was allegedly later heard on the radio to say: "I'm stuck, I'm stuck." A team sent in to find him "did not have any firefighting equipment or any breaking tools with them", his family says.
In court, Manus Blessing, representing the Williamson family, told a judge that they want the case to be heard by a civil jury. The fire board wants it to be heard by a judge.
A spokeswoman for Lothian and Borders Fire and Rescue Service said: "Lothian and Borders Fire and Rescue Service co-operated fully with a lengthy and exhaustive police and Health and Safety Executive investigation into the circumstances surrounding the tragic death of our colleague, firefighter Ewan Williamson. A report in relation to those inquiries has been submitted to the Crown Office. As such, we are not in a position to comment on matters relating to the incident until the outcome of the due legal process."
